§ 8-617. Regulations applicable to all persons.

(a)

Protection of sediment and erosion control devices. No person shall remove, destroy, or otherwise impair the effectiveness or any sediment erosion control device installed as part of an approved plan or in compliance with section 8-618(c) except when an area protected is stabilized or as part of a plan modification under section 8-614(g). If any device must be temporarily removed for progress of the work, it shall be immediately restored.

(b)

Fugitive materials. If any soil, earth, sand, gravel, rock, stone, or other material is caused to be deposited upon or to roll, flow, or wash upon any public or private property in violation of section 8-610, whether such deposition is the result of land disturbance activity or of hauling, the person responsible shall cause the material to be removed from that property within 24 hours. In the event of an immediate danger to the public health or safety, the material must be removed immediately. If the fugitive material is not completely removed within the time limits, the unified government may, without notice, remove the material and may recover costs of removal from the property owner and/or the person responsible for the fugitive material. If in any event the amount due is not paid, the amount due may be certified to the unified government clerk and it shall, in accordance with law, become a lien upon all property and all rights to property, real or personal, of all persons responsible for the deposition of the material. These costs are in addition to the penalties prescribed for violation of section 35-598.

(c)

Sites less than one acre. Sediment and erosion control management on nonagricultural sites that due to limited area of land disturbance do not require a permit or approved plan shall follow the unified government's design guidelines and regulations for erosion and sediment control. Unified government enforcement for deficiencies may include all those identified in section 8-616.

(d)

Agricultural uses. Sites zoned agricultural and disturbed for the purpose commercial crop production are not required to have a permit. Topsoil conservation practices shall be applied to agricultural uses to the extent necessary to satisfy sections 8-610 and 8-611. Topsoil conservation measures include, standing crop residue, cover crops and increased rotational intensity to avoid fallow seasons, terracing, contour plowing, filter strips left at field edges, riparian buffers, and other methods identified as such by the Kansas State University Extension Service.

(e)

Noninterference with stop work orders. No person shall continue or allow the continuance of work in an area covered by a stop work order, except work required to correct deficiencies identified in the stop work order.

(f)

Noninterference with unified government's corrective actions. No person shall obstruct the access to a site by an authorized representative of the unified government for inspection of erosion control measures or obstruct any representative of the land owner engaged in completing the work required under the permit and approved plan.

(g)

Protection of adjoining property. Land disturbance activities shall not be conducted in such proximity to a property line that would endanger any adjoining property, including a public street, sidewalk, or alley. Adjoining properties shall be supported and protected from damage that may result from land disturbance activities including but not limited to subsidence settling, cracking, vegetative damage or any other damages.

(Ord. No. O-125-06, § 1(8-617), 12-14-2006)